Modoc County Municipal Code Ch. 15.03 Agricultural Buildings

Footnotes:

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Editor's note— Ord. No. 221-H, § I, adopted March 14, 2017, amended ch. 15.03 in its entirety to read as herein set out. Former ch. 15.03, §§ 15.03.010—15.03.100, pertained to similar subject matter, and derived from Ord. No. 221-G, § I, adopted Feb. 25, 2014.

This chapter shall be known as and may be referred to as the "Modoc County Agricultural Reduction Provisions."

(Ord. No. 221-H, § I, 3-14-2017)

The purpose of these provisions are to provide standards for qualified agricultural wood frame and other buildings as provided herein, and to provide minimum provisions for their permitting, use and construction; to promote agriculture and agricultural operations in Modoc County. Determination of whether an agricultural building qualifies under this part shall be made after review by the planning departments of the permit application and required documentation as submitted by the owner, authorized licensed agent or agricultural exempt agent under the provisions incorporated by this part and other applicable ordinances of this jurisdiction. Buildings permitted under this part are subject to structural plan review by the building official.

1. Allowed Reductions. The reductions as provided in this part are:

• Engineering is not required as long as the structure is deemed to be in substantial compliance with wood frame construction. Engineering is not required for greenhouses, hoop houses, and high tunnel structures whose framing consists of PVC or light gauge steel.

• Snow load may be reduced up to 50 percent from that which would normally be required for other buildings. In no case shall the minimum roof live load be less than 20 pounds.

• Three-second gust wind speed may be reduced to 85 miles per hour.

2. Reductions Not Required. Nothing in this part prevents the submittal of engineered plans or, engineered plans that reflect the allowed reductions, furthermore; these provisions shall not be construed to imply that any reductions as provided are required.

(Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-K, § I, 11-12-2024)

Nothing in this part shall be construed to specifically restrict, limit, or prevent the number, square footage or permitting of agricultural buildings in Modoc County. Buildings exceeding the square footage as provided by Table I or where the aggregate area provided by Table II has been used, it shall meet the same design and permit requirements as required by, the code and other applicable laws and ordinances of Modoc County and the state of California.

(Ord. No. 221-H, § I, 3-14-2017)

An agricultural building is a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, cultivation and storage of horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

(Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-K, § I, 11-12-2024)

Buildings not covered by this part are those buildings any part of which are used for retail or commercial purposes, as a place of human occupation, habitation, or employment. Including by way of example, but not limited to, covered riding arenas, commercial feeding barns, stables, processing facilities, fish hatchery facilities, wineries, sawmills, dairies, warehouses or any similar structure used by the public. Human occupation as used in this part does not include occasional human occupancy for the carrying out of normal, day-to-day agricultural operations as appropriate for the intended agricultural use of the structure.

(Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-K, § I, 11-12-2024)

An agricultural operation is a general term which means; the activity of growing and harvesting crops; the rearing and management of livestock and bees; the production of plants and animals useful to man. Except as otherwise specified, an agricultural operation may include uses on all contiguous parcels in the same ownership such that they form a single agricultural operation. An agricultural operation shall be determined by the Modoc County Planning Department. In no case shall a single parcel that forms an agricultural operation be less than 80 acres.

(Ord. No. 221-H, § I, 3-14-2017)

Reduction standards for agricultural buildings under this part require the building(s) to be a minimum of 50 feet from any residential structure, and the square footage be limited to: (1) the maximum square footage and height limitations for single buildings as provided in Table I; (2) the maximum aggregate square footage for multiple buildings to be limited to that provided in Table II; (3) the ground floor of any building allowed under this section shall be constructed on grade and it must be concrete, dirt, or asphalt; (4) standard permits and inspections are required for electrical and plumbing installations. Electrical installations unless approved otherwise shall be limited to 60 amp service size, lighting, and not more than one 110v duplex receptacle for each 300 square feet of area, receptacles shall be GFCI protected; (5) plumbing installations are limited to exterior hose bibs and a clean up sink (commercial or residential rated.) Waste systems for plumbing installations require approvals from both planning and environmental health, prior to permit issuance; (6) mechanical installations are prohibited unless substantiating information can be provided to show cause why such installation is necessary.

Table I

Maximum square feet allowed for buildings under the total reduction standard 1, 2, 4, 5 Maximum height shall not exceed 35 feet

1 No buildings shall exceed the size or height specified in this table, except as specified in the footnotes contained herein.

2 One to five acre parcels shall be allowed more than one building providing the aggregate area does not to exceed 800 square feet, when it can be clearly demonstrated to comply with the intent of this chapter.

3 Shade structures used for the sole purpose of sheltering livestock that are not over ten feet in height nor more than 12 feet in depth are exempt. Exempt structures shall be open on one long wall and one short wall and shall not contain electrical, mechanical or plumbing installations. Light gauge steel buildings not exceeding 800 square feet may be used under this part.

4 Greenhouses, high tunnels and hoop houses are limited a maximum area of 3,000 square feet.

5 Light gauge steel buildings not exceeding 800 square feet may be used. Exception: Light gauge steel frame green houses, hoop houses and high tunnels may be larger than 800 sq. ft.

Table II

Maximum aggregate square feet allowed for each acreage under the total reduction standard 1, 5 Maximum height shall not exceed 35 feet Maximum number of buildings per parcel shall not exceed two 2, 3, 4

1 Aggregate area of structures shall not exceed the area specified in this table, a maximum of two buildings are all that may be constructed on each parcel, no building shall exceed the size specified in Table I. Square footage that has not been used under the provision of this part shall not be carried over to other permits as a part or portion of the other structure.

2 One to five acre parcels shall be allowed more than one building providing the aggregate area does not to exceed 800 square feet, when it can be clearly demonstrated to comply with the intent of this chapter, only one building per parcel this size may be constructed, see Table I footnote 2.

3 Shade structures used for the sole purpose of sheltering livestock that are not over ten feet in height nor more than 12 feet in depth are exempt. Exempt structures shall be open on one long wall and one short wall and shall not contain electrical, mechanical or plumbing installations. Light gauge steel buildings not exceeding 800 square feet may be used under this part.

4 For "agricultural operations," the number of buildings is not restricted other than as may be required by the zoning code.

5 Light gauge steel buildings not exceeding 800 square feet may be used. Exception: Light gauge steel frame greenhouses, hoop houses and high tunnels may be larger than 800 sq. ft.

(Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-K, § I, 11-12-2024)

Where a permit is issued under this part, no change of use will be allowed.

(Ord. No. 221-H, § I, 3-14-2017)

Inspections for agricultural buildings as provided in this part shall be conducted for final only.

(Ord. No. 221-H, § I, 3-14-2017)

Agricultural buildings constructed without permits are subject to the same penalties as all other structures regulated by the code. Where determined necessary the building official may require engineering to substantiate the design.

(Ord. No. 221-H, § I, 3-14-2017)